Maryland 2022 Regular Session

Maryland Senate Bill SB119 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New		Differences
1	1
2	2
3	3		EXPLANATION: CAPITALS INDICATE MAT TER ADDED TO EXISTIN G LAW.
4	4		[Brackets] indicate matter deleted from existing law.
5		-	Underlining indicates amendments to bill.
6		-	Strike out indicates matter stricken from the bill by amendment or deleted from the law by
7		-	amendment.
8	5		sb0119
9	6
10	7		SENATE BILL 119
11	8		F1, F2, F5 2lr0740
12	9		(PRE–FILED) CF HB 84
13	10		By: Senator Washington
14	11		Requested: October 13, 2021
15	12		Introduced and read first time: January 12, 2022
16	13		Assigned to: Education, Health, and Environmental Affairs
17		-	Committee Report: Favorable
18		-	Senate action: Adopted with floor amendments
19		-	Read second time: February 21, 2022
20	14
21		-	~~CHAPTER ______~~
	15	+	A BILL ENTITLED
22	16
23	17		AN ACT concerning 1
24	18
25	19		Education – Crimes on School Grounds – Application 2
26	20
27	21		FOR the purpose of specifying that provisions of law prohibiting and penalizing disruptive 3
28	22		and threatening behavior on the grounds of, in the classes of, or in the home of an 4
29	23		employee of an institution of elementary, secondary, or higher education do not apply 5
30	24		to students who commit offenses at the institution they attend, students on 6
31	25		exclusionary discipline who commit offenses at the institution they attend, or 7
32	26		students who commit offenses at another institution while participating in or 8
33	27		attending a sporting event or other extracurricular program sponsored at that 9
34	28		institution; and generally relating to the application of provisions of law that prohibit 10
35	29		and penalize disruptive and threatening behavior in elementary, secondary, and 11
36	30		higher education institutions. 12
37	31
38	32		BY repealing and reenacting, with amendments, 13
39	33		Article – Education 14
40	34		Section 26–101 15
41	35		Annotated Code of Maryland 16
42	36		(2018 Replacement Volume and 2021 Supplement) 17
43	37
44	38		SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND, 18
45	39		That the Laws of Maryland read as follows: 19
46	40
47	41		Article – Education 20
	42	+
	43	+	26–101. 21
	44	+
	45	+	(a) THE PROHIBITIONS AND PENALTIES IN THIS SE CTION DO NOT APPLY T O 22
	46	+	A PERSON WHO IS : 23
48	47		2 SENATE BILL 119
49	48
50	49
51		-	26–101. 1
	50	+	(1) A STUDENT CURRENTLY AT TENDING THE INSTITUT ION OF 1
	51	+	ELEMENTARY , SECONDARY , OR HIGHER EDUCATION WHERE THE OFFENSE OC CURS; 2
52	52
53		-	(a) THE PROHIBITIONS AND PENALTIES IN THIS SE CTION DO NOT APPLY T O 2
54		-	A PERSON WHO IS : 3
	53	+	(2) A STUDENT CURRENTLY ON EXCLUSIONARY DISCIPL INE FROM 3
	54	+	THE INSTITUTION OF E LEMENTARY , SECONDARY , OR HIGHER EDUCATION WHERE 4
	55	+	THE OFFENS E OCCURS; OR 5
55	56
56		-	(1) A STUDENT CURRENTLY AT TENDING THE INSTITUT ION OF 4
57		-	ELEMENTARY , SECONDARY , OR HIGHER EDUCATION WHERE THE OFFENSE OC CURS; 5
58		-	OR 6
	57	+	(3) A STUDENT CURRENTLY AT TENDING ANOTHER INST ITUTION OF 6
	58	+	ELEMENTARY , SECONDARY , OR HIGHER EDUCATION WHO IS PARTICIPATING IN OR 7
	59	+	ATTENDING A SPORTING EVENT OR OTHER EXTRA CURRICULAR PROGRAM 8
	60	+	SPONSORED BY THE INS TITUTION WHERE THE O FFENSE OCCURS . 9
59	61
60		-	(2) A ~~STUDENT CURRENTLY ON EXCLUSIONARY DISCIPL INE FROM 7~~
61		-	THE INSTITUTION OF ~~E LEMENTARY~~ , ~~SECONDARY , OR HIGHER EDUCATION WHERE 8~~
62		-	~~THE OFFENSE OCCURS ;~~ OR 9
	62	+	(B) A person may not willfully disturb or otherwise willfully prevent the orderly 10
	63	+	conduct of the activities, administration, or classes of any institution of elementary, 11
	64	+	secondary, or higher education. 12
63	65
64		-	(3) A STUDENT CURRENTLY AT TENDING ANOTHER INST ITUTION OF 10
65		-	ELEMENTARY , SECONDARY , OR HIGHER EDUCATION WHO IS PARTICIPATING IN OR 11
66		-	ATTENDING A SPORTING EVENT OR OTHER EXTRA CURRICULAR PROGRAM 12
67		-	SPONSORED BY THE INS TITUTION WHERE THE O FFENSE OCC URS. 13
	66	+	[(b)] (C) A person may not molest or threaten with bodily harm any student, 13
	67	+	employee, administrator, agent, or any other individual who is lawfully: 14
68	68
69		-	(B) A person may not willfully disturb or otherwise willfully prevent the orderly 14
70		-	conduct of the activities, administration, or classes of any institution of elementary, 15
71		-	secondary, or higher education. 16
	69	+	(1) On the grounds or in the immediate vicinity of any institution of 15
	70	+	elementary, secondary, or higher education; 16
72	71
73		-	[(b)] (C) A person may not molest or threaten with bodily harm any student, 17
74		-	employee, administrator, agent, or any other individual who is lawfully: 18
	72	+	(2) On a school vehicle; 17
75	73
76		-	(1) On the grounds or in the immediate vicinity of any institution of 19
77		-	elementary, secondary, or higher education; 20
	74	+	(3) At an activity sponsored by a school that is held off school property; or 18
78	75
79		-	(2) On a school vehicle; 21
	76	+	(4) On property that is owned by a county board and is used for 19
	77	+	administrative or other purposes. 20
80	78
81		-	(3) At an activity sponsored by a school that is held off school property; or 22
	79	+	[(c)] (D) (1) [A] SUBJECT TO PARAGRAPH (2) OF THIS SUBSECTION , A 21
	80	+	person may not threaten with bodily harm any employee of any institution of elementary, 22
	81	+	secondary, or higher education at home by any means, including in person, by telephone, 23
	82	+	or by electronic mail. 24
82	83
83		-	(4) ~~On property that is owned by a county board and is used for 23~~
84		-	~~administrative or other purposes~~. 24
	84	+	(2) [This] THE prohibition IN PARAGRAPH (1) OF THIS SUBSECTION 25
	85	+	applies only to threats arising out of the scope of the employee’s employment. 26
85	86
86		-	[(c)] (D) (1) [A] SUBJECT TO PARAGRAPH (2) OF THIS SUBSECTION , A 25
87		-	person may not threaten with bodily harm any employee of any institution of elementary, 26
88		-	secondary, or higher education at home by any means, including in person, by telephone, 27
89		-	or by electronic mail. 28
	87	+	[(d)] (E) In addition to the penalties provided in this section or in § 6–409 of the 27
	88	+	Criminal Law Article, on application by the governing board of any institution of 28
	89	+	elementary, secondary, or higher education, the circuit court of the county in which the 29
	90	+	institution is located may issue an injunction restraining any specific activities that violate 30
	91	+	this section. 31
90	92
91		-	(2) [This] THE prohibition IN PARAGRAPH (1) OF THIS SUBSECT ION 29
92		-	applies only to threats arising out of the scope of the employee’s employment. 30
93		-
94		-	[(d)] (E) In addition to the penalties provided in this section or in § 6–409 of the 31
95		-	Criminal Law Article, on application by the governing board of any institution of 32
96		-	elementary, secondary, or higher education, the circuit court of the county in which the 33 SENATE BILL 119 3
97		-
98		-
99		-	institution is located may issue an injunction restraining any specific activities that violate 1
100		-	this section. 2
101		-
102		-	[(e)] (F) Any person who violates any provision of this section is guilty of a 3
103		-	misdemeanor and on conviction is subject to a fine not exceeding $2,500, imprisonment not 4
104		-	exceeding 6 months, or both. 5
105		-
106		-	SECTION 2. AND BE IT FURTHER ENACTED, That this Act shall take effect July 6
107		-	1, 2022. 7
	93	+	[(e)] (F) Any person who violates any provision of this section is guilty of a 32
	94	+	misdemeanor and on conviction is subject to a fine not exceeding $2,500, imprisonment not 33
	95	+	exceeding 6 months, or both. 34 SENATE BILL 119 3
108	96
109	97
110	98
	99	+	SECTION 2. AND BE IT FURTHER ENACTED, That this Act shall take effect July 1
	100	+	1, 2022. 2
111	101
112		-	Approved:
113		-	________________________________________________________________________________
114		-	Governor.
115		-	________________________________________________________________________________
116		-	President of the Senate.
117		-	________________________________________________________________________________
118		-	Speaker of the House of Delegates.